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Stills v. City & County of San Francisco

United States Court of Appeals, Ninth Circuit
Jun 22, 2005
137 F. App'x 23 (9th Cir. 2005)

Opinion

Submitted June 14, 2005.

The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Frederick Douglas Stills, Vacaville, CA, pro se.


Appeal from the United States District Court for the Northern District of California, Jeremy Fogel, District Judge, Presiding. D.C. No. CV-02-05106-JF.

Before: KLEINFELD, TASHIMA, and THOMAS, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

Frederick Douglas Stills, a California state prisoner, appeals pro se the district court's judgment dismissing for failure to state a claim his 42 U.S.C. § 1983 action alleging that San Francisco city and county officials violated his civil rights. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, Barnett v. Centoni, 31 F.3d 813, 815, 816 (9th Cir.1994) (per curiam), and we affirm.

The district court properly dismissed Stills's claim that he contracted hepatitis while working in the laundry room at San Francisco General Hospital because his allegation that the hospital officials failed to warn him of potential health hazards does not implicate a federal right. See DeShaney v. Winnebago County Dep't of Social Servs., 489 U.S. 189, 201-02, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989) (state tort law duty of care violations do not rise to the level of constitutional violations cognizable under section 1983).

Stills's remaining contentions lack merit.

AFFIRMED.


Summaries of

Stills v. City & County of San Francisco

United States Court of Appeals, Ninth Circuit
Jun 22, 2005
137 F. App'x 23 (9th Cir. 2005)
Case details for

Stills v. City & County of San Francisco

Case Details

Full title:Frederick Douglas STILLS, Plaintiff--Appellant, v. CITY & COUNTY OF SAN…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 22, 2005

Citations

137 F. App'x 23 (9th Cir. 2005)